ENROLLED
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 874
BY REPRESENTATIVE STUART BISHOP
AN ACT1
To enact R.S. 36:8.1, relative to reporting requirements of various state agencies of the2
executive branch; to require annual quarterly reports to the legislature of all civil,3
legal actions filed by an agency; to provide for the content of such reports; to provide4
exceptions thereto; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 36:8.1 is hereby enacted to read as follows: 7
ยง8.1. Litigation oversight; reports to the legislature8
A.(1)(a) The head of each agency shall make and publish an annual report9
to the legislature containing a list of all civil actions brought in a court of law by the10
agency as a named party plaintiff.11
(b) The attorney general shall make and publish an annual report to the12
legislature containing a list of all civil actions brought in a court of law by the state13
of Louisiana as a named party plaintiff.14
(2) Each such report shall include all cases instituted, pending, or concluded15
during the preceding calendar year and shall:16
(a) Contain the names of all parties appearing as plaintiffs at any time during17
the litigation and all parties named as defendants at any time during the litigation as18
they appear on the pleadings, the court which has jurisdiction over the matter, the19
docket number, the cause of action being averred, and the relief being sought.20
(b) Indicate the current status of the case, including whether the case has21
been heard on the merits, whether there is a final judgment therein and, if so, an22
indication if the final judgment was determined on a procedural or substantive issue,23 ENROLLEDHB NO. 874
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
whether the case has settled prior to any final judgment, and whether an appeal has1
been taken and, if so, if that appeal was initiated by the agency.2
(c) List the name or names of all outside counsel representing the agency or3
the state and the agreement of the agency or the attorney general on behalf of the4
agency or the state, including the hourly rate of pay for the attorney or attorneys and5
paraprofessionals or the percentage of compensation or commission or any other6
arrangement relative to compensation, including payment of compensation by a7
defendant.8
(3)(a) One week before the convening of each annual legislative session, a9
copy of the report shall be submitted by the head of each agency and the attorney10
general to the presiding officer of each house of the legislature and shall also be11
submitted in accordance with the provisions of R.S. 24:772.12
(b) The presiding officer shall refer the report to the appropriate committee13
having jurisdiction of the subject matter as provided in the rules of the respective14
house, and any legislative committee which receives a report may conduct a hearing15
thereon.16
B.(1) In addition to the report required in Subsection A of this Section, the17
head of each agency and the attorney general shall submit a quarterly report listing18
every civil action instituted by the agency or the attorney general since the19
submission of the last quarterly report.20
(2) The quarterly report shall be submitted in the form of an e-mail and shall21
be sent to the David R. Poynter Legislative Research Library on or before the fourth22
Monday of the month in which the report is due. The e-mail shall be captioned in23
the subject line "Litigation Disclosure" and shall include the name of the submitting24
agency. It shall also contain a uniform resource locator (URL) link to a copy of the25
original petition for each civil action listed. The e-mail shall clearly indicate the26
applicable reporting period and list the name and contact information of the person27
submitting the e-mail and the person responsible for maintaining the URL, which28
URL shall be maintained by the agency or the attorney general for a minimum of one29
year.30 ENROLLEDHB NO. 874
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. The provisions of this Section shall apply to any civil action filed by the1
following departments or offices, including offices and agencies thereof, collectively2
referred to in this Section as "agency":3
(1) Department of Agriculture and Forestry.4
(2) Department of State Civil Service.5
(3) Department of Economic Development.6
(4) Department of Education.7
(5) Department of Children and Family Services, except cases brought8
pursuant to the Children's Code and Title 46 of the Louisiana Revised Statutes of9
1950.10
(6) Department of Culture, Recreation and Tourism.11
(7) Department of Environmental Quality.12
(8) Department of Health and Hospitals, including, but not limited to13
Medicaid fraud and recovery cases.14
(9) Department of Insurance.15
(10) Department of Justice.16
(11) Department of Natural Resources.17
(12) Department of Public Safety and Corrections, except cases involving18
the Motor Vehicle Safety Responsibility Law.19
(13) Department of Public Service.20
(14) Department of State.21
(15) Department of Transportation and Development.22
(16) Department of the Treasury.23
(17) Department of Veterans Affairs.24
(18) Department of Revenue, except those cases brought to collect less than25
ten thousand dollars of state taxes owed.26
(19) Department of Wildlife and Fisheries, except cases brought for class27
one violations under the provisions of R.S. 56:31.28
(20) Louisiana Workforce Commission, except cases involving recovery of29
unemployment insurance payments and workers' compensation fraud.30 ENROLLEDHB NO. 874
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(21) Office of the governor, including the division of administration.1
(22) Office of the lieutenant governor.2
D. As used in this Section, the following words and phrases have the3
following meanings ascribed to them unless the context clearly indicates otherwise:4
(1) "Civil action" means any suit, action, or cause instituted in a court of law,5
exclusive of criminal matters, matters involving interstate compacts, actions to make6
executory a judgment or order of any adjudicatory body of this state, or an action7
brought pursuant to the Enforcement of Foreign Judgments Act.8
(2) "Court" or "court of law" means any court authorized by Article V of the9
Constitution of Louisiana.10
(3) "Head of each agency" means the department secretary or chief11
administrative officer of each department of the executive branch.12
(4) "Outside counsel" means any attorney, other than in-house counsel, who13
is being or has been paid by any agency or the state or who is entitled to or14
potentially entitled to compensation or a commission as a result of the legal15
proceeding. For purposes of this Paragraph, "in-house counsel" means any attorney16
employed by an agency, including the Department of Justice, who is eligible to17
participate in the Louisiana State Employees' Retirement System by virtue of such18
employment.19
Section 2. The initial annual report required by R.S. 36:8.1(A) shall be submitted to20
the legislature at least one week prior to the convening of the 2015 Regular Session of the21
Legislature and shall be for the reporting period of January 1, 2014, through December 31,22
2014.23
Section 3. The initial quarterly report required by R.S. 36:8.1(B) shall be submitted24
on September 1, 2014, and shall cover the period between June 1 and August 31, 2014. If,25
however, no such civil action was filed during this period, the initial quarterly report shall26
be submitted on or before the fourth Monday of the quarter immediately following the filing27
of the first civil action.28 ENROLLEDHB NO. 874
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 4. This Act shall become effective on July 1, 2014; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2014, or on the day following such approval by the legislature, whichever is later.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: